An Administrator's Guide to California Private School Law

Chapter 14 – Pupil Records

schools only release information about their pupils in very limited instances.

3. E DUCATIONAL C OUNSELING Information “of a personal nature” discussed by a pupil 12 years of age or older with a school counselor in the process of receiving counseling is confidential and not a pupil record. 2084 This exception also extends to parents or guardians who provide information to a school counselor. The pupil or parent/guardian who revealed the information must provide written consent before the information can be released. However, there are limited exceptions that allow for a counselor to reveal this information, particularly information relating to the health and safety of the pupil or in response to a valid court order. LCW Practice Advisor Article I, Section 1 of the California Constitution confers a right to privacy on all individuals in California, including minor children. Schools may be

held liable under the California Constitution for violating the privacy rights of students. Even if information does not constitute a “pupil record” – and is therefore not subject to the access restrictions applicable to pupil records – schools should still consider whether that information is protected by the student’s fundamental right to privacy before determining whether it can be disclosed.

Section 3 W HO H AS A CCESS T O P UPIL R ECORDS ? The Education Code gives parents of a minor an “absolute right [of] access to any and all pupil records related to their children that are maintained by school districts or private schools .” 2085 It also specifically prohibits schools from editing or withholding from parents any pupil records related to their minor children. 2086 Once a minor turns 18 years old, the parental rights are transferred and accorded only to the adult pupil. 2087 Under FERPA, however, there are limited exceptions that allow the school to provide records without the consent of the 18-year-old student, including to a parent when the student is a dependent of the parent for tax purposes. 2088 LCW Practice Advisor Since parents’ absolute right of access to pupil

records about their child transfer to, and are accorded only to, their child upon the child turning 18 years old, an adult pupil can direct a private school to refrain from disclosing pupil record information to his/her parents, even when the parents are parties to an enrollment contract with the school. This can place the school in a difficult position, especially if the school must communicate with the parents to enforce

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 503